Lawyers, Answer Questions  & Get Points Log In
Florida Consumer Law Questions & Answers
1 Answer | Asked in Consumer Law for Florida on
Q: Can car dealerships in Florida make it a requirement to buy an extended warranty when purchasing a new vehicle?
Michael  Mayoral
Michael Mayoral answered on Oct 14, 2021

I believe this is a negotiation issue, not a legal one. I am not aware of any law that says that a car dealership can't require that. It is a free market, it is their dealership, they can generally state that they "require" you to buy a whole lot of things in order to buy a car from... Read more »

1 Answer | Asked in Consumer Law, Civil Rights and Identity Theft for Florida on
Q: Store left my personal demographics on an item I returned and put it back on shelf
Terrence H Thorgaard
Terrence H Thorgaard answered on Oct 5, 2021

And your question would be can the store legally do that? Probably, but what you mean by "personal demographics" is unclear. If I were a customer at that store, I would probably not buy that item if your name was scribbled all over it.

1 Answer | Asked in Consumer Law for Florida on
Q: Consumer Protection/Rights and Prevention of Wage Garnishment for debt that is not ours!

Hello, my husband and I live in Florida and a company supposedly bought this debt from Home Depot and is now trying to garnish my husband's wages. My husband is the only source of income that we currently have, I am pregnant and lost my job due to Covid. We won't be able to afford our... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Sep 23, 2021

If they are trying to garnish your husband's wages, it appears that they have a judgment against him. If that is the case, you might want to send them proof of your financial difficulties; if you do so they might not apply for a writ of garnishment at this time.

1 Answer | Asked in Consumer Law, Contracts and Products Liability for Florida on
Q: Does the Truth in Lending Mean I don’t have to make a down payment on a car
Bruce Alexander Minnick
Bruce Alexander Minnick answered on Sep 21, 2021

No. "Truth in Lending" is a well-used financial phrase used to remind people that the government requires lenders to disclose all the interest, fees and other costs related to each lending transaction.

However, it does not apply to every kind of lender there is out there; for...
Read more »

1 Answer | Asked in Consumer Law and Contracts for Florida on
Q: Can I change pool contractor or sue him?

We signed a contract for a pool in August 2020, it took months for the permit and they started digging 6 months ago. They have only worked 6-7 actual days on it. Tiling was supposed to be done 2 weeks ago and the contractor stopped responding to us a week ago. Can we sue him to finish? or can we... Read more »

Linda Liang
Linda Liang answered on Sep 20, 2021

Yes, you can do both. A signed quote is an enforceable contract if it is signed by them.

2 Answers | Asked in Civil Litigation, Contracts, Consumer Law and Real Estate Law for Florida on
Q: Can a plat map be used as a road disclosure in closing documents, even though there is a abutting road disclosure

At closing we were not told about the retention pond and the private road. There was a abutting road disclosure. Nothing else. There was a line about you must join the HOA and follow the CCR. The CCR’s were not given prior to closing. Hidden in there was a line about the HOA being responsible for... Read more »

Barbara Billiot Stage
Barbara Billiot Stage answered on Sep 16, 2021

This is why it is so important to have your own real estate lawyer represent you in a transaction. You will now need one to review your closing documents, the HOA documents, your survey of your property and the neighborhood plat, which often attached to the HOA documents but not always. The HOA... Read more »

View More Answers

1 Answer | Asked in Bankruptcy and Consumer Law for Florida on
Q: What steps do I take if a debt collector sues me for 2year old debt
Timothy Denison
Timothy Denison answered on Sep 14, 2021

Pay it or hire an attorney and defend it.

1 Answer | Asked in Consumer Law and Collections for Florida on
Q: how do i find out if a collection lawyer's actions qualify as abusive?

...

Barry W. Kaufman
Barry W. Kaufman answered on Sep 12, 2021

Unethical? No. There is no right to settle an account, although it is better practice to at least have told you that the creditor rejected your offer. It doesn't sound like you made much of an attempt to keep in touch, either. Collection lawyers work many accounts.

1 Answer | Asked in Consumer Law, Criminal Law and Real Estate Law for Florida on
Q: My 58 year old brother has lived with my mother rent free most of his adult life. He continued to live in the house my

mother and I rented in florida. Before I was able to move in, my mother passed away and when I did move in with my two teenage children, he refused to pay utility bills he had accrued. I asked him to move out. He finally did and left a bunch of stuff here because he had no way to transport it... Read more »

Henry George Ferro
Henry George Ferro answered on Sep 10, 2021

This has nothing to do with criminal law.

2 Answers | Asked in Civil Litigation, Contracts and Consumer Law for Florida on
Q: Hello, I signed a document through Docusign and was expecting a certificate of completion that makes the contract

legally binding. When I did not receive a copy, I requested through the sender to provide the cert. They were unable to and couldn't find it. When I contacted Docusign to receive a copy, they informed me the contract was voided and that there was never a cert to provide. Even though I signed,... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Sep 8, 2021

It the other party to the contract (the "sender", as I understand you) says that they don't have it, get that in writing. If they later find it, with your signature, get a copy of that. I'm not sure how Docusign can decide the contract is "voided", if they are not a party to the contract.

View More Answers

1 Answer | Asked in Consumer Law for Florida on
Q: Is there a statute of limitations on being sued for debt?

I received a phone call today from a law firm stating I was being sued by a bank for a debt from 2003. The law firm had my social security number, previously used last name, current address and phone number and advised that they'd been contacting me since March, and that collections had... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Sep 8, 2021

Yes, the SOL is generally four years. See:

http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0000-0099/0095/Sections/0095.11.html

2 Answers | Asked in Consumer Law, Workers' Compensation, Civil Litigation and Civil Rights for Florida on
Q: My friend lent his boss money, the boss picked a fight with him and fired him without paying him his money back.

There was no contract

Domenic J. Celeste
Domenic J. Celeste answered on Oct 8, 2021

To me, it's not so much whether your friend may be able to sue or not because he most likely can; rather, it's whether it would be worth it to sue. This depends on how much money was lent as it might cost more to hire an attorney and go to court than what he'd be getting back. Even... Read more »

View More Answers

2 Answers | Asked in Consumer Law, Workers' Compensation, Civil Litigation and Civil Rights for Florida on
Q: My friend lent his boss money, the boss picked a fight with him and fired him without paying him his money back.

There was no contract

Charles M.  Baron
Charles M. Baron answered on Sep 8, 2021

Your friend may sue for repayment of the loan, with the option for first having an attorney send a demand letter. If the verbal terms of agreement were that the loan should be re-paid within a time period that was a year or less, the verbal agreement is enforceable.

View More Answers

1 Answer | Asked in Consumer Law and Contracts for Florida on
Q: Hello, I signed up for solar and they said my bills would be zero or a few dollars in the summer. I am paying $180 in

Power and $127 in a loan. The company said the solar system I use will absorb most of my energy use but I am now told through the power company it is not large enough to sustain my needs. They also didn't use a years worth of energy consumption of my residence since I haven't lived a year... Read more »

Linda Liang
Linda Liang answered on Sep 6, 2021

It seems like there is a breach of contract. You should discuss with an attorney about the terms of the contract and make your demand as a starter.

1 Answer | Asked in Consumer Law and Contracts for Florida on
Q: I made a deposit for a granite countertop but the company can’t install one with no seam as originally agreed on.

Since they can’t complete the order, aren’t they obligated to make the refund of the deposit?

Linda Liang
Linda Liang answered on Sep 3, 2021

If they cannot perform the contract, they need to pay or refund the partial amount sufficient for you to hire other person to finish the job.

1 Answer | Asked in Consumer Law and Business Law for Florida on
Q: I attended college and was told the program cost of tuition is 30k now graduated I paid 50k. I'm lost on the extra cost.
Linda Liang
Linda Liang answered on Aug 31, 2021

You can review the invoices and ask administration office for explanation.

1 Answer | Asked in Consumer Law, Personal Injury, Landlord - Tenant and Small Claims for Florida on
Q: Please read below, thank you in advance

I need a consultation regarding my landlord that I've been renting a room for about 2 months. I've been unable to stay this entire month because she filed false allegations against me that caused an injunction. I've read that filing false allegations are criminal and I intend to sue... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Aug 30, 2021

I am certain that there are many experienced lawyers who will litigate a small claims case against your obnoxious landlord; however, not for free. Why?

(1) Because the amount of money involved is way too small; and

(2) because they cannot collect their fees from the landlord;...
Read more »

1 Answer | Asked in Consumer Law for Florida on
Q: My wife passed recently, she has credit card accounts, solely in her name. Am I responsible for paying them, in Florida.
Phillip William Gunthert
Phillip William Gunthert answered on Aug 19, 2021

I am very sorry for your loss on the passing of your wife, please accept my sympathy and condolences for you and your family at this difficult time. If you did not cosign on those accounts and they were in your wife's name alone (as you have stated), then you are not responsible for those... Read more »

1 Answer | Asked in Consumer Law for Florida on
Q: If a credit card Chg is being reversed back to correct the issue. Can I get sued for not paying within 24 hrs?

If the transaction is complete in 2-3 days due to “process”. If they file to sue on day 2 would I have to pay their court fees and time spent even though they are aware the issue will be resolved in a few days?

Terrence H Thorgaard
Terrence H Thorgaard answered on Aug 16, 2021

Huh? You don't have any idea how credit cards work, do you? In a month or so, you will receive a statement. The charge that was reversed will show on that statement, along with the credit. If you fail to pay AFTER receiving the statement, eventually you might be sued, but it won't... Read more »

2 Answers | Asked in Consumer Law, Contracts, Real Estate Law and Insurance Bad Faith for Florida on
Q: Does a HOI company in FL have any liability if they agree to insure and then cancel policy after home purchase?

I bought a home with an old roof in May 2021. I had only one option for HOI as a result. The company was provided a copy of the 4 point inspection and agreed to issue the policy. I was buying the property with the intention of doing some renovations in the next year or two, but didn't have the... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Aug 13, 2021

What are they saying is the reason they are cancelling; did you give them false information of any sort?

View More Answers

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.